Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8170 of 2018 Applicant :- Ramesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 568 of 2017, under Sections 302,201 I.P.C., Police Station Barkheda, District Pilibhit with the prayer to enlarge him on bail.
For the purpose of evaluating the prayer for bail, the Court notes that although the informant had alleged that it was the applicant who had murdered his son, subsequently and upon due investigation, the informant himself has been named as an accused in the murder and has since been chargesheeted.
Learned AGA on instructions submits that a charge-sheet for the murder in question has been submitted against Lala Ram, the informant on which cognizance has been taken on 18 December 2017. The submission of chargesheet appears to have been preceded by recordal of the statements of Mahipal and Parvati during the course of investigation in which it is stated that Lala Ram had confessed to committing the crime. The applicant is stated to have no previous criminal history and is languishing in jail since 20 September 2017.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Ramesh Chandra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 29.11.2019 LA/-